Shivappa Basappa Barki vs Karabasanagouda Hanumantagouda ...
2023 Latest Caselaw 7489 Kant

                                                   -1-
                                                         NC: 2023:KHC-D:12788
                                                               RSA No. 843 of 2008




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 2ND DAY OF NOVEMBER 2023

                                                BEFORE

                       THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                               REGULAR SECOND APPEAL NO. 843 OF 2008

                      BETWEEN:

                      1.   SHIVAPPA BASAPPA BARKI,
                           58 YEARS, R/O. HIREMATTUR,
                           HIREKERUR TALUK, HAVERI DISTRICT,
                           PIN-581111.

                      2.   CHANDRAPPA BASAPPA BARKI,
                           57 YEARS, R/O. HIREMATTUR,
                           HIREKERUR TALUK, HAVERI DISTRICT,
                           PIN-581111.
                                                                      ... APPELLANTS
                      (BY SRI. K.S. DESAI & SRI. HARSH DESAI, ADVOCATES FOR A2.
                      APPEAL IS DISMISSED AS ABATED IN R/O Appellant No.1.)
                      AND:

                      1.   KARABASANAGOUDA HANUMANTAGOUDA PATIL,
                           31 YEARS, R/O. HIREMATTUR, HIREKERUR TALUK,
                           HAVERI DISTRICT, PIN-581111.
VIJAYALAKSHMI
M KANKUPPI
                      2.   HANUMANTAGOUDA NAGANAGOUDA PATIL,
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
                           62 YEARS, R/O. HIREMATTUR, HIREKERUR TALUK,
Date: 2023.11.04
11:37:46 +0530
                           HAVERI DISTRICT, PIN-581111.
                                                                   ... RESPONDENTS
                      ( R1 SERVED;
                       APPEAL AGAINST R2 STANDS DISMISSED)

                           THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT &
                      DECREE DTD 27.02.2008 PASSED IN R.A.NO. 75 OF 2005 ON THE
                      FILE OF THE CIVIL JUDGE, (SR.DN), & ITINERATE COURT,
                      HIREKERUR, ALLOWING THE APPEAL AND SETTING ASIDE        THE
                      JUDGMENT AND DECREE DTD 19.08.2005 PASSED IN OS NO.122
                      OF 1998    ON THE FILE OF THE CIVIL JUDGE, (JR.DN) & JMFC,
                      HIREKERUR.
                                -2-
                                      NC: 2023:KHC-D:12788
                                             RSA No. 843 of 2008




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

None appears for appellant No.2. The appeal as

against appellant No.1 is dismissed as abated by order dated

04.08.2023.

2. By order dated 09.10.2023, the learned counsel

for the appellant Sri. Avinash Banakar made submission that

the matter is amicably settled between the parties. In view

of the said submission, the Court has released the matter

from part heard.

3. Today, none appears for appellant No.2, which

goes to show that appellant No.2 is not interested in

prosecuting the appeal.

4. Hence, the appeal is dismissed for non-

prosecution. As a consequence, I.A.1/2008 stands disposed

off.

Sd/-

JUDGE

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